Europe is getting ready to write new rules for how creators sell to their audiences. According to AFP reporting published by France 24, draft documents show the European Union plans to clamp down on influencer marketing and ban online design tricks that push people into purchases, as part of a broad update to the bloc’s consumer protection rules called the Digital Fairness Act.
Label the ad, every time
For creators, the headline change is disclosure. AFP reports that brands working with influencers would face stricter rules on how their products are promoted, with content creators required to clearly label videos and posts as an “advertisement” or “commercial collaboration.” The drafts would also forbid brands from asking influencers to encourage children to buy products or to talk their parents into buying them.
AFP notes the documents it saw are still subject to revisions, so the exact wording could change before the proposal is made public.
Dark patterns, drip pricing and free trials
The plan goes well beyond sponsored posts. Per AFP, the EU wants to ban “dark patterns,” meaning interface features designed to steer users toward choices that benefit the seller. Online sellers would not be allowed to make false claims about how available or popular a product is, or suggest something is scarce because it is popular.
The drafts also call for platforms to remind people when a free trial is ending, including the end date and what it will cost to continue. Shoppers should see the full price of an order before checkout, ending “drip pricing,” where fees show up only at the last step. Users would get the right to switch off features like autoplay and notifications unrelated to their own activity, and video games would be barred from offering minors “pay-to-win” or “pay-to-progress” features, with in-game currencies required to show their real-world value.
What happens on Wednesday
According to Tech Times‘ Joshua Mitchell, the European Commission is scheduled to consider the Digital Fairness Act on Wednesday, Nov. 11, with Justice and Consumer Protection Commissioner Michael McGrath carrying the file. Mitchell stresses that the agenda is indicative and could slip, and that fines and the legal form are unconfirmed until the text is published.
The proposal grows out of a 2024 review of EU consumer law online, which Tech Times says found that 97% of the sites and apps examined used at least one dark pattern and estimated consumer harm at €7.9 billion a year. Commission President Ursula von der Leyen had asked McGrath to tackle dark patterns, influencer marketing, addictive design and profiling that exploits vulnerable consumers.
The new act is meant to fill gaps. Mitchell explains that the Digital Services Act already bans manipulative design on online platforms, but micro and small businesses and search engines fall outside that rule. The Digital Fairness Act would put most of its duties on traders, including retailers, app makers, game studios, streaming services and marketplaces that run subscriptions and pay influencers.
Not everyone is on board
There is pushback inside and outside Brussels. Tech Times, citing EU Today and earlier Financial Times reporting, says McGrath has pushed for stronger direct enforcement powers, while digital chief Henna Virkkunen warned that overlapping obligations could make EU rules harder to apply. Table.Briefings‘ Corinna Visser reports that Germany is warning against additional regulation and against giving the Commission excessive powers.
Even if the Commission adopts the proposal this week, it still has to go through the European Parliament and member governments. Tech Times cites law firm CMS, which does not expect the act to take effect before the end of 2028 at the earliest.
The takeaway
The rules are still years away, but the direction is clear: Europe wants paid promotion labeled in plain words, subscriptions that are easy to understand and cancel, and no pressure tactics aimed at kids. Creators who sell to European fans, whether through brand deals or their own subscription pages, can get ahead of it now by labeling every sponsored post clearly and being upfront about prices and trial terms.
Featured image: Berlaymont building, European Commission headquarters, Brussels. Photo by Cbliu / Wikimedia Commons, CC BY-SA 4.0. Cropped.
